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Discrimination + Harassment Policy Definitions

Definitions

  • Title VI
    • Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color, or national origin in programs of activities that receive federal financial assistance. The Department of Education’s Office for Civil Rights enforces Title VI. [https://www2.ed.gov/about/offices/list/ocr/docs/hq43e4.html]
  • Title VII
    • Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission are responsible for enforcement. [https://www.eeoc.gov/laws/statutes/titlevii.cfm]
  • Age Discrimination Acts
    • The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against persons 40 years of age or older. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission are responsible for enforcement. [https://www.eeoc.gov/laws/statutes/adea.cfm]
    • The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. The Department of Education, Office of Civil Rights is responsible for enforcement. [https://www.dol.gov/oasam/regs/statutes/age_act.htm]
  • Equal Pay Act
    • The Equal Pay Act of 1963 prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission enforces the Equal Pay Act. [https://www.eeoc.gov/laws/statutes/epa.cfm]
  • Pregnancy Discrimination Act
    • The Pregnancy Discrimination Act of 1978 prohibits sex discrimination on the basis of pregnancy. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission enforces the Equal Pay Act. [https://www.eeoc.gov/laws/statutes/pregnancy.cfm]
  • Disability Status
    • The Americans with Disabilities Act of 1990 and Amendments Act of 2008 prohibits discrimination against people with disabilities in employment as well as programs or activities that receive federal financial assistance from the Department of Education. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission enforce employment-related claims, and the Department of Education, Office of Civil Rights, enforces student-related claims. [https://www.dol.gov/general/topic/disability/ada]
    • Sections 503 & 504 of the Rehabilitation Act of 1978 prohibit employment discrimination based on disability by federal contractors or subcontractors (503), and prohibits discrimination based upon disability against students with disabilities (504). The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission enforce employment-related claims, and the Department of Education, Office of Civil Rights enforces student-related claims. [https://www.eeoc.gov/eeoc/history/35th/thelaw/rehab_amendments_1978.html]
  • Veteran Status
    • The Vietnam Era Veteran’s Readjustment Act of 1974 prohibits discrimination in employment against protected veterans. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission enforce employment-related claims. [https://www.dol.gov/ofccp/regs/compliance/vevraa.htm]
    • The Uniformed Services Employment and Reemployment Rights Act of 1994 protects civilian job rights and benefits for veterans and members of Reserve components. The Department of Labor, Veterans’ Employment and Training Services enforce employment-related claims. [https://www.dol.gov/vets/programs/userra/userra_fs.htm]
  • Genetic Information Nondiscrimination Act
    • The Genetic Information Nondiscrimination Act of 2008 prohibits discrimination on the basis of genetic information with respect to health insurance and employment. The Commission on Equal Employment Opportunity and the Kansas Human Rights Commission enforce employment-related claims. [https://www.eeoc.gov/laws/statutes/gina.cfm]
  • Kansas Board of Regents Policy and Procedures Manual, Policy on Affirmative Action and Equal Opportunity
  • State of Kansas

Definitions

  • Retaliation occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity can include opposing conduct reasonably believed to constitute discrimination or harassment, filing a complaint about discriminatory or harassing behavior, or participating in an investigation or proceeding regarding a discrimination or harassment complaint. Adverse actions that are reasonably likely to deter complaints or participation in complaints are prohibited. Retaliation may take the form of unwanted personal contact, including attempts to discuss the complaint, or giving additional assignments that are not assigned to others in similar situations, or poor grades, or other actions that may be perceived as retaliation.
  • Complainant is an individual who alleges they experienced discrimination or harassment.
  • Respondent is an individual identified by the complainant or the University as the individual who allegedly engaged in discriminatory or harassing behavior.
  • Gender Identity refers to the gender that a person claims for one’s self, which may or may not align with the gender assigned them at birth.
  • Gender Expression includes how a person behaves, appears, or presents one’s self with regard to societal expectations of gender. This may include, but is not limited to, clothing, hairstyle, cosmetics, speech and inflection, posture, and behavior which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
  • Sexual Orientation is an inherent or immutable enduring emotional, romantic, or sexual attraction to other people.
  • Harassment is a form of discrimination that has the purpose or effect of creating an intimidating, hostile, or offensive work or academic environment; has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, living environment, if residing in University housing, or participation in any university-sponsored activity; otherwise adversely affects an individual’s academic or employment opportunities; or is not legitimately related to the subject matter of a course.
  • Discrimination occurs when an individual who is a member of a protected class experiences an adverse employment action based on their protected class and when a similarly-situated person outside of their protected class is treated better.
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